1 MATERNITY . AND. PARENTAL . LEAVE. THE MANITOBA TEACHERS' SOCIETY. August 2018. TABLE OF CONTENTS. Introduction ..3. Part 1 Provisions for MATERNITY and PARENTAL Part 2 Employment Insurance Benefits ..10. Part 3 Supplemental Unemployment Benefits (SUB) Plan ..13. Part 4 Use of Sick Leave as a Component of MATERNITY Leave ..16. Part 5 Experience Credit for MATERNITY and PARENTAL Leave ..18. Part 6 Participation in Benefit Appendices ..21. Checklist on Timelines ..22. Checklist on Documentation ..23. Sample Letter Requesting MATERNITY Leave ..24. Sample Letter Requesting Sick Leave During MATERNITY Leave ..25. Excerpts from Employment Standards Code ..26. Use of Sick Leave Legal Decisions and Awards ..29. Winnipeg Free Press Article The Motherhood Penalty ..38. Any questions, please contact: Nancy Kerr Staff Officer Manitoba Teachers' Society 191 Harcourt St Winnipeg MB R3J 3H2.
2 Phone (Direct): 204-831-3086 or (toll-free) 866-494-5747 (ext 216). Fax: 204-831-3077 or (toll-free) 866-799-5784. 2. INTRODUCTION. This booklet is designed to familiarize teachers with their rights and responsibilities regarding MATERNITY and/or PARENTAL leave. Although care has been taken to include as much information as is possible, individual situations may arise which are not covered by this booklet. Any teachers having questions regarding any provisions of MATERNITY and/or PARENTAL leave are asked to contact their local Association or a Staff Officer at The Manitoba Teachers' Society (204-888-7961 or 1-800-262-8803). 3. PART 1 PROVISIONS FOR MATERNITY AND. PARENTAL LEAVE. RIGHTS UNDER LAW. There are two sources that define a teacher's right to MATERNITY and/or PARENTAL leave --- the Employment Standards Code and the collective agreement.
3 The Code provides for minimum standards applicable to all employees, while the collective agreement may provide for enhanced rights. A. EMPLOYMENT STANDARDS CODE. The following are the provisions of the Employment Standards Code (see Appendix for exact wording). Teachers are advised that these are minimum provisions only. 1. MATERNITY Leave a) Entitlement Any female teacher is entitled to MATERNITY leave if she has worked for the same employer for 7 consecutive months, if her leave is due to pregnancy. For the purposes of MATERNITY and/or PARENTAL leave, July and August do not constitute a break in service. If a teacher has less than 7 consecutive months of service, she may be granted leave but there may not be any job protection unless it is provided for in the collective agreement. b) Method of Obtaining Leave The teacher must apply to the school board, in writing, at least four weeks prior to the date leave is to commence.
4 The letter should state both the expected date of commencement of leave and the expected date of return to work, and a medical certificate indicating the expected date of confinement should be attached. A sample application letter is included in the Appendix. Note: The Code requires the employer to grant the applicant leave. The period of leave may commence any time up to the 17th week before expected date of delivery. If the commencement date is earlier, the Board's permission must be obtained. However, if early commencement is due to medical reasons, access to sick leave should be requested. 4. c) Duration of Leave The maximum MATERNITY leave provided in the Code is 17 weeks plus any additional time by which the actual delivery date is later than the expected delivery date. Leave is to be taken during the period beginning 17 weeks before the expected date of delivery and ending 17 weeks after the actual date of delivery.
5 A female teacher is also eligible for a PARENTAL leave of up to 63 weeks. This PARENTAL leave must follow immediately after her MATERNITY leave is completed unless she and her employer have agreed to a different arrangement. d) Reinstatement i) Full reinstatement is guaranteed at the expiration of the leave granted in accordance with the above terms. Reinstatement means a guarantee of the same or a comparable position with at least the same pay and benefits. ii) Leave of a greater duration must be by agreement between the teacher and the Board. Additional rights may be granted under the collective agreement. iii) Employment is deemed continuous for purposes of service. In view of the above restrictions, especially section d (ii), it is recommended that the teacher seek mutual agreement with the board regarding the length of leave.
6 Such agreement should be in writing. This becomes essential if the terms of the leave extend the deadlines provided in the Employment Standards Code and/or the collective agreement. When making an agreement to extend a leave, the teacher should contact The Manitoba Teachers' Society regarding the agreement to ensure she is not signing away any of her rights. 2. PARENTAL Leave a) Entitlement Any teacher is entitled to PARENTAL leave if s/he has worked for the same employer for 7 consecutive months and has become a parent as a result of the birth or adoption of a child. 5. b) Method of Obtaining Leave The teacher must apply to the school board, in writing, at least four weeks prior to the day leave is to commence. The letter should state both the date of commencement of leave and the date of return to work. Where an employee intends to take PARENTAL leave in addition to MATERNITY leave, the PARENTAL leave must follow immediately after her MATERNITY leave is completed unless she and her employer have agreed to a different arrangement.
7 The partner's PARENTAL leave can be taken at the same time, a different time, or overlap the mother's MATERNITY or PARENTAL leave. c) Duration of Leave The maximum leave provided in the Code is 63 weeks, for babies born, adopted or coming into care of the parent after June 4, 2018. The leave must begin no later than the first anniversary of the birth or adoption of the child or the date on which the child comes into the actual care and custody of the employee. d) Reinstatement The same provisions that apply to MATERNITY leave apply to PARENTAL leave. (see p. 4). B. COLLECTIVE AGREEMENTS. Collective agreements differ from one local association to the next. Consequently, leave provisions with respect to MATERNITY and PARENTAL leave may vary. Teachers should carefully read the applicable sections of their collective agreement and contact the local Association or The Manitoba Teachers' Society (204-888-7961 or 1-800-262-8803), in order to determine individual rights according to the agreement.
8 C. SCHOOL DIVISION POLICIES. School boards may have policy regarding leaves for MATERNITY and/or parenting purposes. These policies are legal only if they do not contravene the Employment Standards Code or the provisions of the collective agreement. Where a teacher believes that the board policy is not legal, that teacher should contact the local Association or The Manitoba Teachers' Society for advice. 6. D. TIME LINE FOR EMPLOYMENT STANDARDS CODE. There are various time limits and deadlines in the Employment Standards Code that must be observed. In order to avoid some confusion, these are shown graphically below. TIME LINE. MATERNITY / PARENTAL LEAVE PROVISIONS UNDER. EMPLOYMENT STANDARDS CODE. Latest Date for Expiry of MATERNITY Leave Deadline Earliest that Expected 17 weeks for Application Leave can Date of after Actual for Leave Commence Delivery Date of Delivery.
9 Period of Period of Period of 4 weeks up to 17 weeks up to 17 weeks up to 63 weeks . x x x x Provision for up to 63. weeks PARENTAL leave 7 consecutive months or more . Employment with present Interval for Employer Employee to Return (a) Total duration of MATERNITY leave may not exceed 17 weeks plus the period by which the actual delivery date is later than the expected delivery date. (b) Total duration of PARENTAL leave may not exceed 63 weeks. If PARENTAL leave follows MATERNITY leave, the leave must be continuous unless mutually agreed. (c) Maximum leave ( MATERNITY plus PARENTAL ) equals 80 weeks. (d) By mutual agreement periods of leave of greater duration may be arranged but the employer's promise of reinstatement with no loss of benefits should be obtained in writing. 7. PROVISIONS FOR MATERNITY AND PARENTAL LEAVE. QUESTIONS AND ANSWERS.
10 The following section is offered in order to answer some of the frequently asked questions regarding leave for parenting (includes MATERNITY and PARENTAL leave). These questions are by no means comprehensive and teachers are urged to refer unanswered questions to their local Association or to The Manitoba Teachers' Society (204-888-7961 / 1-800-262-8803). 1. Q: Must the Board grant MATERNITY or PARENTAL leave? A: Yes, if a teacher has been in its employ for 7 consecutive months, or for lesser periods if so specified in the collective agreement. 2. Q: Can the Board force me to start my MATERNITY leave at a specific time? A: No. The commencement of leave is entirely at the teacher's discretion within the parameters established by the Employment Standards Code. 3. Q: Can the Board force me to take a leave to the beginning of the next semester or the next school year?